On December 10, 2024, the Supreme Court of the United States (SCOTUS) ruled that federal courts do not have the power to review the revocation of previously approved visas, placing the sole power with the Department of Homeland Security (DHS) in these decisions. This decision grants the DHS the authority to revoke visas without the review or oversight of the courts. The SCOTUS vote was unanimous.
This decision arose from the hearing of Bouarfa v. Mayorkas. U.S. citizen Amina Bouarfa, had filed a Form I-130 petition for her noncitizen husband Ala’a Hamayel. The visa was approved in 2015, allowing Hamayel to live in the U.S. with his wife and children. In 2017, the DHS sent notice of their intent to revoke the visa on the basis that Mr. Hamayel had previously undergone a fraudulent marriage to evade immigration laws–his ex-spouse later recanted her statement.
The case primarily focused on the division of mandatory vs. discretionary decisions. Congress has largely granted immigration officials the freedom to make unchecked decisions for any discretionary immigration cases. SCOTUS’ ruling now finds visa revocations to be discretionary, meaning that while courts can hear cases involving constitutional violations, all other cases will be up to the discretion of DHS and unable to be heard in court. Note, the courts will also continue to hear initial visa denials.
This ruling can be detrimental to many immigrants as President Trump reenters office with the promise to crack down on immigration.
Contact a Visa Immigration Attorney Today
The SCOTUS ruling could significantly impact immigrants, as Presidential elect Donald Trump begins his second term, granting unchecked authority to DHS officials to revoke visas as they deem necessary. It is crucial to proactively seek legal counsel to ensure your status is legally protected from any policy changes.
Whether you are seeking marriage fraud forgiveness or fighting deportation, our California immigration attorneys have the knowledge and experience needed to secure successful outcomes. Our team of visa immigrant attorneys have been relentlessly fighting for the immigrant community since 1980 and will continue to do everything in our power to protect these individuals and their families.
Contact our offices today to discuss any concerns you may have regarding visa revocations.
